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42 Cards in this Set
- Front
- Back
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Dual Federalism
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National gov't is supreme in their sphere, and the states are equal in theirs, both should be kept seperate. (Co-equals) (layer cake)
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Cooperative Federalism
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Power between the states and nat'l gov't is shared (marble cake)
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Devolution
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Decrease in power of nat'l gov't -> power to states
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Categorical Grants
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Grant for specific purpose, defined by a fed. law
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Block Grants
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Devoted to general purpose with fewer restrictions. (aka "special revenue sharing or "broad-based aid)
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Unfunded Mandates
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A provision in legislation that requires government or private parties to carry out specific actions, but does not allow any funds for that purpose.
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Garcia v. San Antonio Metro
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Fought over whether or not congress had the power to extend the Fair Labor Standards Act to local and state gov'ts.
(The Fair Labor Standards Act requires that employers give at least minimum wage and provide overtime pay to their employees). |
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Lopez v. US
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kids brings gun to school, When reaches supreme court the decision falls under commerce clause, court says they don't have evidence. Commerce Clause is limited.
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104th Congress
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Under president clinton (vp al gore) both houses had a republican majority. '95 to '97 (don't know what more you want wexlaaaa)
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Grant-in-Aids
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Grants given to states from nat'l gov't .. what the money is used for is left up to the states (hotly debated in congress - Madison says its unconstitutional)
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Full Faith and Credit Clause
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The Full Faith and Credit Clause addresses the duties states within the United States have to respect and enforce the judicial rulings of other states. Ex: If one state lets a gay coupled be married, all states, even if gay marriage is illegal, must allow the couple to remain married if they move into their state. This brings up the issue of whether certain issues should be decided on a national level or state level. If left on the state level, a situation such as previously described can occur.
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Electoral College
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Group of reps. chosen by the voting public to vote directly for the president and vice president.
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Enumerated Powers
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List of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress.
Ex: power to regulate interstate trade, coin money, declare war, etc. |
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Delegated Powers
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Powers granted to national government under U.S. Constitution (some delegated powers are above under enumerated powers).
Ex: Regulate interstate and foreign trade, coin and print money, conduct foreign relations, establish pos offices and roads, raise and support armed forces, declare war and make peace, govern American territories and admit new states, pass naturalization laws and regulate immigrations, make all laws necessary and proper to carry out its powers. |
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Reserved Powers
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Powers granted to state governments under U.S. Constitution
Ex: Regulate trade within the state, establish local governments conduct elections, determine voter qualifications, establish and support public schools, incorporate businesses, marriage laws, license professional workers, keep all power not guaranteed to the federal government nor prohibited by the states. |
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Concurrent Powers
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Powers held by both the states and federal government
Ex: Collect taxes, borrow money, establish courts, charter banks, enforce laws and punish law breakers, provide health and welfare to the people, education. |
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Marble-cake Federalism
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Co-operative Federalism in which power between the states and nat'l gov't is shared.
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Layer-cake Federalism
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Dual Federalism in which National gov't is supreme in their sphere, and the states are equal in theirs, both should be kept seperate.
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Commerce Clause
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The Commerce Clause states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes.
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Privileges and Immunities Clause
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Prevents states from treating citizens of other states in a discriminatory manner, with regard to basic civil rights.
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Legitimacy/Authority/Power
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what makes a law constitutional
Authority- right to use power Given authority by law – law is right because it’s legitimate |
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Theories of Democracy (popular, elite, power elite, pluralist, marxist)
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Marxists – reflection of underlying economic forces, division of classes economy-capitilists
Power Elite Theory – government is dominated by a few top leaders most of whom are outside the government and have wealth, stats, or organizational position (Mills – corporate leaders, top military officers, key political leaders) elite is the small selection Pluralist- competition among all selected group makes up public policy Groups can’t dominate all political processes Popular – by people and for the people |
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Politics
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Social relations involving authority or power
Lasswell- who gets what? Truman – the authoritative allocation of values in society |
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Political science
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is a branch of social science concerned with theory, description, analysis and prediction of political behavior, political systems and politics broadly-construed
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Bicameralism
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a lawmaking body made up of two chambers/parts, like the senate and house [said on Wikipedia requires concurrent majority-thought that was important?]
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Weaknesses of the Articles of Confederation
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rticles based almost entirely on state sovereignty with no strong national government (I took it from that chart for the essay) –
Coining money (each state coined their own – caused difficulty in commerce Passing laws – required 9/13 vote, difficult to pass and voluntary attendance at quorums Treaty negotiation – stats opt out of treaties, nations have no incentive to negotiate Raising an army- voluntary troops/contributions lacked revenue [shay’s rebellion] Raising revenue – voluntary Amending Articles-required unanimous vote - No separation of power No checks/balances Lacked federalism State sovereignty instead of popular sovereignty Lacking a bill of rights |
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Shay’s Rebellion
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1787 rebellion made up of a group of war soldiers and officers who had high debts and taxes and feared losing property because of high interest rates and taxes prevented courts in Mass. from meeting. Governor asked congress to send troops for rebellion but there was no money or manpower supplied by national government and governor had no state militia [volunteer army eventually helped]. Highlights a weakness of the Confederations and helped increase support of a strong national government.
Concise: exposed national government’s inability to impose order and protect welfare of the nation and encouraged movements for a more centralized, stronger system of government |
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Constitutional convention
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1787 who helped revise/amend the articles of confederation, produced new framework for government, constitution
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Constitutional Ratification
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WTF
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James Madison
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wrote federalist 10, regarded as father of the bill of rights, thought that a new republic needed checks and balances to limit powers of special interest groups, factions
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Church of the Flying Spaghetti Monster
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http://www.venganza.org/
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Centralized Federalism
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Federalism in which all of the power is given to the national government.
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Six principles of the Const.
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Republicanism:
Checks and Balances: Federalism: Seprations of powers: Popular sovereignty:concept that ultimate political authoriy rests with the people to create, alter, or abolish govt's Individual rights/limited govn't: |
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Federalists
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Proponents of constitution
Beleived a big federal govt. would limit faction and allow minority intersts to gain support unlike in a small republic in which everyone thinks the same and minorities are quelled; no tyrannical majority and coalitions are moderate and accepting |
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Anti-Federalists
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Opposed to the constitution
United by belief that liberty could be secure only in a small republic in which rulers are physcially close to the ruled; thought a big national govt. would be distant from the people and would annihalte or absorb state powers |
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Federalist Papers
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A series of anonymous articles written by madison, jay, and hamilton defending the constitution in hopes that ny would ratify it
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Faction
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a number of citizens under the same train of thought who may act adversely towards the govt.
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Federalist 10
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Argues that constitution and big national govt curb faction because big govt. support minority interests due to geography
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Federalist 51
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Agues that the structure of the govt set up by the constitution helps to check its power and this proves the anti federalist notion of an opressive national govt . wrong; madison reasons that there is a double security
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Seven Articles
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1- congress
2- executive branch 3- judicial branch 4- states rights 5 - amending the constitution 6- laws and treaties of us govt 7 - ratification |
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Formal and Informal Ways of Changing the Constitution
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formal --
* Proposal by convention of states, ratification by state conventions (never used) * Proposal by convention of states, ratification by state legislatures (never used) * Proposal by Congress, ratification by state conventions (used once) * Proposal by Congress, ratification by state legislatures (used all other times) informal -- change of beliefs of the people of the country & change in the interpretation of the meaning of things in the constitution |
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Elastic Clause
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Granted the congress the power all laws necessary and proper for carrying out the list of powers it was granted
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